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THE ACT 


OF THE 


GENERAL ASSEMBLY 


or the Better Bequlation of Chapel Bill, 


Ravirimp 29th January, 1851; 


THE REVISED STATUTE 


Concerning the Cuisersity, 


RatirieD 29th January, 1855: 


AND 


THE ORDINANCES 


OF THE 
COMMISSIONERS OF CHAPEL HILi, 


ADOPTED IN CONFORMITY THERETO, 
3d March, 1855, 


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HILLSBOROUGH: 
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INCORPORATION, 


AN ACT FOR THE BETTER REGULATION OF THE 
VILLAGE OF CHAPEL HILL. 


Section 1. Be it enacted by fG General Assembly of the 
State of North Carolina, and it is hereby enacted by the au- 
thority of the same, ‘That Manuel yl ter, Jesse Hargrave, 
Patterson H. McDade, Elisha Mitchell and Jones Watson, 
and their successors in office, shall be a body politic and 
corporate, by the name of ‘* The Commissioners of Chapel 
Hill ;’ and as such shall have all the powers and privileges 
necessary for the proper government of said village. 

Sec. 2. Beit further enacted, That on the first Vhursday 
in February, in every year, the citizens of Chapel Hill shall 
elect five persons Commissioners thereof, who shall remain 
in office one year and until the election of their successors. 

Sec. 3. Be it further enucted, That no person shall be 
eligible as a Commissioner unless he bea resident and the 
owner of an acre lot, or freehold estate of the value of five 
hundred dollars, in said village; nor shall any person vote 
in said election but free white males of the age of twenty 
one years, subject to taxation, and residents therein for six 
months immediately preceding the day of election. 

Sec. 4. Be it further enacted, That any Justice of the 
Peace, or any two citizens of the village eligible to the office 
of Commissioner, (in case there be no resident Justice of 
the Peace,) may hold the election and determine who are 
elected. 

Sec. 5. Be it further enacted, That the Commissioners, 
a2 soon as may be after their election, shall choose a resi- 

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dent of the village (not of their own body,) a Magistrate 
of Police, to preside at their meetings, and give the cast- 
ing vote in case of a tie; a town Treasurer, Constable and 


Clerk. They shall ascertain and settle the boundaries of 


Chapel Hill, and cause a plot thereof to be recorded in the 
journal of their proceedings ; and may, on or before the first 
day of April in each year, assess the value of town property, 
lay such taxes on persons and property (Students of the 
University, and: property owned by the Trustees thereof, 
excepted,) as they may deem proper, and apply the revenue 
arising therefrom to the construction, improvement and re- 
pair of the streets, and to such other purposes as they may 
deem conducive to the prosperity of the village. 

sec. 6, Beit further enacted, That the ‘Town Constable, 
when directed by the Commissioners, shall preceed to col. 
ject the tes ; and im the execution of this duty, shall have 
all the authority, and may use all the means, exercised and 
used by the Sheriffs of this State in the collection of pablic 


Sec. 7. He it further enacted, ‘That all residents of the 
Village, and persons owning property therein, shall, on or 
before the first day of A ee annually, make a written state- 
ment of all taxable polls and property for which they may 


be accountable, and deliver the same to the Magistrate of 


Police. Any person failing to make such statement, or 
making a false statement, shall be subject to double tax ; 
and it shall be the duty of the ‘Town Constable, on the re- 
quisition of the Commissioners, to proceed to collect the 
same on all such unreturned persons or property. 

Sec. 8. Be it furiher enacted, ‘That the Commissioners 
shall appoint a Patrol, to consist of all white males, resi- 
ea of said Village, between the ages of twenty-one and 

ifty years, (members of the Faculty and students of the 
eet excepted,) and shall divide into as many compa- 


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nies as they may deem proner, and direct the time for the 
performance of duty by each company. Any person who 
shall fail to perform such duty, (except for good cause, to 
be judged of by the Commissioners,) shall forfeit the sum of 
one dollar for each failure; and it shall be the duty of the 
Yown Constable to collect and pay over the same to the 
Town Treasurer. 

Sec. 9. Be tt furiher enacted, That it shall be the duty of 
the Commissioners to adopt proper ordinances, and use all 
other lawful measures for the suppression of nuisances, the 
proper regulation of shop keepers, and the exclusion of teavel 
rant venders of spirituous liquors, and all other articles the 
sale of which is not licensed by the laws of this State. 

Sec. 10. Be it further enacted, ‘Chat all enactments com- 
ing within the purview of this act, are hereby repealed; and 
thie act shall be in force from and alter its passage. 


a ANgiACR 
CONCERNING THE UNIVERSITY. 


Chapter 114. 


1, Any license, granted to retail spirituous liquor, wine 
or cordials at Chapel Hill, or within two miles thereof, shall 
be void. 

2. No person shall erect, keep, maintain or have at Cha- 
pel Hill, or within two miles thereof, any tippling house, 
establishment or place, for the sale of wine, curdials, spi- 
rituous or malt liquor. 

3. No person in the State, without permission in writing 
from the President of the University, or some Member of 
the Faculty, shall sell, or offer to sell or deliver to any Stu- 
dent of the University, or to any other person, any cordial, 


wine, spirituous or malt liquor for the purpose of being used, 


or with Knowledge that the same will be used, at Chapel 
Hill, or within two miles thereof, by any such Student. 

4. No person, at or within two miles of Chapel Hill, shall 
give or furnish any electionecring treat or entertainment. 

5. No person shall set up, keep or maintain at Chapel 
Hill, or within five miles thereof, any public billiard table, 
or other public table of any kind, at which games of chance 
or skill, by whatever name called, may be played. 

6. No person, without permission in writing obtained 
therefor from the President of the University, or some Mem- 
ber of its Faculty, seven days beforehand, shal! exhibit at 
Chapel Hill, or within five miles thereof, any theatricals, 
sieight of hand or equestrian performances, or any dramatic 
recitations or representations, or any rope or wire dancing, 


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natural ov artificial curiosities, or aiv concert, serenade or 
performance in musie, singing or dancing. 

7. Any person who shall offend against any of the provi- 
sions of this chapter, herein before recited, shall be deemed 
guilty of a misdemeanor. 

8. Any contract or agreement by any Student of the 
University, being then a minor, with any shopkeeper, mer- 
chant, trader or other person, upon the sale of any wine, 
cordial, spirituous or malt liquor, or of any goods, wares or 
merchandize, or any article of trade, or with the keeper of 
any livery stable, shall be void, unless the same, if made at 
or within two miles of Chapel Hill, be made under the writ- 
ten permission of the President of the University, or some 
Member of its Faculty; or if made at a greater distance 
from Chapel Hill, under the written consent of the person 
who may have the control and authority over such Student. 

9. Every contract made with a Student of the University, 
contrary to the provisions of the preceding section, shall be 
void, and may be avoided on account of any of the matters 
therein contained, on the plea of the general issue: on the 
trial whereof, if it appear that the defendant was, at the time 
of the alledged contract, a Student of the University, it shall 
be presumed that he was, at the making thereof, a minor. 

10. Every such contract shall be incapable of being con- 
firmed, and any promise or obligation given by such Student, 
after his arrival at full age, shall be void. 

It, All the real estate which has escheated or may es- 
cheat to the State, which has not been reduced into posses- 
‘sion by the State, or the President and Directors of the Lit- 
etary Fund, shall be, and is hereby, vested in the Trustees 
of the University, for the use of the University. 

12, This act shall take effect from and after its ratif- 
cation, 


ORDINANCES. 


Br ir Orpainep by the Commissioners of Chapel Hill, 
and it is hereby ordained by the authority of the same: 


I. That the boundaries of the Village are, and shall be, 
as follows, to wit: Franklin Street shall begin at the point 
of intersection with the road to Purify’s Mill, in the lands 
of John Craig, and extend North 63° 40’ Kast, two thou- 
sand six hundred and twenty-two yards, to the point where 
it intersects the line of the lands owned by the ‘Trustees of 
the University. Raleigh Street shall extend to a point in a 
line parallel with Franklin Street, which shall include the 
Grave Yard—And Hillsborough Street to a point in a line 
parallel with Franklin Street, which shall be equidistant 
from said Street with the terminus of Raleigh Street. ‘The 
exterior boundary shall be a rectangle, formed by lines pass- 
ing through these four points, including, by coinputation, . 
an area of eight hundred and thirty-nine acres and one- 
sixth of an acre. 

If. The Town Constable shall, as early as practicable 
after the first day of April in each year, collect and pay 
over to the Treasurer all moneys due for taxes. 

IIf. The Treasurer shall pay no account against the 


Yommissioners until it shall have been allowed by the 
Board and certified by the Clerk. 


IV. No contract made by a Committee, involving an ex- 
penditure of more than twenty-five dollars, shall be valid 
until it shall have been approved and ratified by the Board. 


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VY. No person shall receive compensation for alledged 
services rendered the Commissioners, unless under a con- 
tract previously made-with the Board. 


Vi. No Instructor shall be permitted to occupy the Vil- 
lage School House, until he shall have given bond with suffi- 
cient sureties, payable to the Commissioners, and delivered 
to the Treasurer, to pay rent at the rate of twenty-five dol- 
lars per annum, and at the end of the term to return the 
building in as good order as it was when he received it. 

VII. The carcasses of hogs, or other animals, dying in 

the streets or lots, must be removed by the owner, immedi- 
ately upon notice yeing given, under a penalty of one dol- 
lar for each omission to do so. 
» VIII. No person, unless while engaged in erecting a 
house, shall place timber, brick, stone, fire wood, or rubbish 
of any kind, in any street, and suffer the same to remain 
longer than a day, under the penalty of one dellar for each 
day the nuisance may continue after notice to remove the 
same. 

IX. No merchant, or other person, shall load or unload 
goods, wares, or other articles, in or froma wagon or cart, 
on the Sabbath day, under a penalty of five dollars. 

X. No itinerant vender of spirituous liquors, or other 
prohibited articles, shall be permitted to offer the same for 
sale, in any quantity, within the limits of the Village, under 
a penalty of five dollars in each instance of selling or offer- 
ing to sell. 

XI. Every organist or traveling musician, or foreign beg- 
gar, who shall play for reward, or solicit charity in the 
streets or from door to door, shall incur a penalty of one 
dollar for each offence, unless the Magistrate of Police 
shall remit the same to blind persons, and others unable to 
earn a livelihood by manual Jabor. 


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XII. No person shall erect a kiln to dry plank ‘or other ? 
lumber, within two hundred feet of any dwelling house, or * 
within forty feet of any shop or out-house. Such kiln, if 
erecfed, shall be deemed anuisance, and be subject to abate- 
ment and indictment. : Me >: 
XIII. No person shall permit slaves, or persons of color, a 
io.meet ang dance in any.kitchen or other house, without 
Hibmase first obtained fim the Magistrate of Police ortwo 
Commissioners, under the penalty of five dollars for each 
offence. - : i . oa 
XIV. No person shall hitch a horse or mule €o a shade 


tree or on the side walks, throw fire-balls, explode fire- 


crackers, Bsc rge fire.arms.in any street or lot, or wail: 
tonly ride’ or drive with dangerous rapidity through the 
streets, under a_penalty of one dollar for each dffence. 
XV. It shall be the duty of the Magistrate of Police and 
the Town Constable to adopt the proper measures to ascer- 
tain the true condition of all persens of celor residing in 
the Village and claiming torbe free. | 
XVI. No-shop-keeper, or other“person, shall open any 
Restaurant, Refectory, or establishment whatsoever, for sup- 
plying refreshments of any kind upon the Sabbath day. © 
From the first of May to the, first of September in every, i 
year, all such places shall be closed at 8 o'clock P. M.3_ 
and from the first of September to the first of May, at 9 
o’clock P. M.; except on Fridays angl Satirdays, when they 
may be kept open until 10 o’clock,P. M. Any person vio- 
lating this ordinance, shall incur a penalty of five dollars — 
for each offence. 


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XVII. All oats, hay, fodder and other provender sold in 
the village, shall be weighed at ,thepublic scales, by the 
Town Constable, who shall give a certificate of the weight of 
the load, and also of the weight of the vehicle when un- 


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“the person, the weight of the load, and the amount charged 


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loaded ; and if any person shall sell or buy any unweighed 
provender, he or she shall incur a penalty of five dollars. 


XVII. The Town Constable shall record the name of 


«for weighing the same, and shall be entitled to receive for 


each load weighing less than five hundred pounds ten cents, 
more than five hundred and less than one thousand pounds, 


fifteen cents, and more than one thousand pounds, twenty 


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cents. 

XIX. It shall be the especial duty of the Town Consta- 
ble to observe, and report at every meeting of the Commis+ 
sioners, all violations of these ordinances. He shall, more- 
over, be careful to arrest all drunken and disorderly per- 
sons, and al! itinerant venders of spirituous liquors, who 
may be found in the public streets, or within the limits of 
the Village, by night or by day; and for these services he 
shall receive twenty per cent. of all fines that may be col 
lected under these laws. 


- CORPORATION, 1855. . 


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‘ lige L. SWAIN, Magistrate of Police. 


oY MANUEL BETTER @ 7). 3s 
~ JOUN R. HUTCHINS, ~ : 

eA JOHNSTON. B. JONES, Commissioners, 

' GABRIEL UTLEY, | 
JOHN H. WATSON, * 


Jy ae 
BE ang : a 2 
cS4NDREW MICKLE, Town Treasurer. 
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vADIEON SUGG , Town uy aS ve a 
— ALGERIN with RIS, Town Clerk. 


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This book must not 
be taken from the 
Library building. 


